SO-CONFUSED
New Member
Hi,
I recently (Sep 2010) transferred by H1B Visa to a new employer. He pays my salary in this way :
1. Monthly salary as per LCA
2. OverTime + extra amount as Bonus
I have been having a really bad vibe regarding my remaining salary being payed as bonus. Reasons being:
1. He does not reflect that amount on my W2 or 1099
2. Whenever I ask him that I do not have any records to report this, he says he already payed taxes (24%) for this amount and that I do not need to pay any additional taxes on top of it. He says this is company's profits and we are paying taxes on it.
When I ask him to give me my salary as a regular amount on paystub, he says that as a salary based employee, I am supposed to receive a unified amount of Pay every month, so considering holidays, overtime payments etc., he cannot pay irregular amounts as my monthly salary and that he would pay this amount as bonus.
But why is he not reflecting bonus on my W2? When asked, he says, we are depositing this amount from the company and we are doing everything legally, so if anyone asks what this additional amount is for, they will be asking us. Not you. (I am sure I will be asked about my income first before even asking him).
Is he really doing everything legally? He is a nice guy but I do not want things to go in a wrong way for me. I am so confused and scared, as whenever I ask him these questions he keeps saying "I am not sure why only you have a problem with this when none of our employees do. We have everything in our records. You don't need to worry".
They neither send a written confirmation of the deposits being made and whether I need to pay taxes for it, and why it is not getting reflected on my pay records.
I tried to contact a couple of employees under him, they mentioned they had this concern as well, but since there is nothing they can do after asking the employer once, they left it at that.
Kindly request you to guide me in the right direction...
Thanks.
I recently (Sep 2010) transferred by H1B Visa to a new employer. He pays my salary in this way :
1. Monthly salary as per LCA
2. OverTime + extra amount as Bonus
I have been having a really bad vibe regarding my remaining salary being payed as bonus. Reasons being:
1. He does not reflect that amount on my W2 or 1099
2. Whenever I ask him that I do not have any records to report this, he says he already payed taxes (24%) for this amount and that I do not need to pay any additional taxes on top of it. He says this is company's profits and we are paying taxes on it.
When I ask him to give me my salary as a regular amount on paystub, he says that as a salary based employee, I am supposed to receive a unified amount of Pay every month, so considering holidays, overtime payments etc., he cannot pay irregular amounts as my monthly salary and that he would pay this amount as bonus.
But why is he not reflecting bonus on my W2? When asked, he says, we are depositing this amount from the company and we are doing everything legally, so if anyone asks what this additional amount is for, they will be asking us. Not you. (I am sure I will be asked about my income first before even asking him).
Is he really doing everything legally? He is a nice guy but I do not want things to go in a wrong way for me. I am so confused and scared, as whenever I ask him these questions he keeps saying "I am not sure why only you have a problem with this when none of our employees do. We have everything in our records. You don't need to worry".
They neither send a written confirmation of the deposits being made and whether I need to pay taxes for it, and why it is not getting reflected on my pay records.
I tried to contact a couple of employees under him, they mentioned they had this concern as well, but since there is nothing they can do after asking the employer once, they left it at that.
Kindly request you to guide me in the right direction...
Thanks.